(Text with EEA relevance)

Transcription

1 L 190/55 COMMISSION IMPLEMTING REGULATION (EU) No 718/14 of 27 June 14 amending Regulation (EC) No 669/09 implementing Regulation (EC) No 882/04 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 178/02 of the European Parliament and of the Council of 28 January 02 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety ( 1 ), and in particular Article 53(1) thereof, Having regard to Regulation (EC) No 882/04 of the European Parliament and of the Council of 29 April 04 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules ( 2 ), and in particular Articles 15(5) and 63(1) thereof, Whereas: (1) Commission Regulation (EC) No 669/09 ( 3 ) lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal listed in Annex I thereto ( the list ), at the points of entry into the territories referred to in Annex I to Regulation (EC) No 882/04. (2) Article 2 of Regulation (EC) No 669/09 provides that the list is to be reviewed on a regular basis, and at least quarterly, taking into account at least the sources of information referred to in that Article. (3) The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed, the findings of audits to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports on consignments of feed and food of non-animal submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/09 indicate that the list should be amended. (4) In particular, for consignments of table grapes ating from Peru and dried apricots ating from Turkey, the relevant sources of information indicate the emergence of new risks requiring the introduction of an increased level of official controls. Entries concerning those consignments should therefore be included in the list. (5) In addition, the list should be amended by deleting the entries for commodities for which the available information indicates an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official controls is therefore no longer justified. On this basis, the entry in the list concerning curry from India should be deleted. (6) Finally, the list should also be amended by increasing the frequency of official controls for the commodities for which the same sources of information show a higher degree of non-compliance with the relevant Union legislation, thereby warranting an increased level of official controls. The entry in the list concerning Brassica oleracea from China should therefore be amended accordingly. (7) In order to ensure consistency and clarity, it is appropriate to replace Annex I to Regulation (EC) No 669/09. ( 1 ) OJ L 31, , p. 1. ( 2 ) OJ L 165, , p. 1. ( 3 ) Commission Regulation (EC) No 669/09 of 24 July 09 implementing Regulation (EC) No 882/04 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal and amending Decision 06/504/EC (OJ L 194, , p. 11).

2 L 190/ (8) Article 19 of Regulation (EC) No 669/09 provides for a transitional period of five years from the entry into force of that Regulation during which the minimum requirements for designated points of entry (DPEs) may be progressively implemented. Accordingly, the competent authorities of the Member States should be allowed, during that transitional period, to carry out the required identity and physical checks at control points other than the DPEs. In those cases, such control points should comply with the minimum requirements for DPEs set out in that Regulation. This transitional period will expire on 14 August 14. (9) A number of Member States have indicated to the Commission that they still face practical difficulties with the application of the minimum requirements for DPEs. In addition, a review of the provisions applicable to DPEs and to border controls in general is currently ongoing, following the adoption by the Commission of a proposal for a Regulation of the European Parliament and of the Council on official controls and other official activities ( 1 ). This may result in changes to the requirements applicable to DPEs and to border controls in general. Pending the outcome of this review, it is appropriate to extend the transitional period referred to in Article 19 of Regulation (EC) No 669/09 for an additional term of five years, so as to allow the smooth entry into force of any new requirement that might result from that review. () Regulation (EC) No 669/09 should therefore be amended accordingly. (11) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, HAS ADOPTED THIS REGULATION: Regulation (EC) No 669/09 is amended as follows: 1. Paragraph 1 of Article 19 is replaced by the following: Article 1 1. For a period of years from the date of entry into force of this Regulation, where a designated point of entry is not equipped with the facilities required to carry out identity and physical checks as provided for in Article 8(1)(b), those checks may be carried out at another control point in the same Member State, authorised for that purpose by the competent authority, before goods are declared for release for free circulation, provided that such control point complies with the minimum requirements laid down in Article Annex I to Regulation (EC) No 669/09 is replaced by the Annex to this Regulation. Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from 1 July 14. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 June 14. For the Commission The President José Manuel BARROSO ( 1 ) Commission proposal for a Regulation of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health, plant reproductive material, plant protection products and amending Regulations (EC) No 999/01, (EC) No 1829/03 and (EC) No 1831/03, Council Regulation (EC) No 1/05, Regulation of the European Parliament and of the Council (EC) No 396/05, Council Regulations (EC) No 834/07 and (EC) No 99/09, Regulations of the European Parliament and of the Council (EC) No 69/09, (EC) No 17/09, (EU) No 1151/12 and (EU) No 652/14, and Council Directives 98/58/EC, 1999/74/EC, 07/43/EC, 08/119/EC and 08/1/EC and Directive of the European Parliament and of the Council 09/128/EC (Official controls Regulation) (COM(13) 265 final).

3 L 190/57 ANNEX ANNEX I of non-animal subject to an increased level of official controls at the designated point of entry Dried grapes (vine fruit) 0806 Afghanistan (AF) Ochratoxin A 50 Groundnuts (peanuts), in shell Brazil (BR) Aflatoxins Groundnuts (peanuts), shelled Peanut butter 0811 Groundnuts (peanuts), otherwise prepared or preserved ; ; () Strawberries (frozen) 0811 China (CN) Norovirus and hepatitis A 5 Brassica oleracea (other edible Brassica, Chinese Broccoli ) ( 2 ) (Food fresh or chilled) ex China (CN) methods ( 3 ) 50 Pomelos (Food fresh) ex ; 39 China (CN) methods ( 4 ) Tea, whether or not flavoured 0902 China (CN) methods ( 5 ) Aubergines ; ex Bitter melon (Momordica charantia) ex ; ex Dominican Republic (DO) methods ( 6 ) (Food fresh, chilled or frozen vegetables)

4 L 190/ Yardlong beans (Vigna unguiculata spp. sesquipedalis) Peppers (sweet and other than sweet) (Capsicum spp.) ex ; ex ; ex Dominican Republic (DO) methods ( 6 ) (Food fresh, chilled or frozen vegetables) ; ex Oranges (fresh or dried) 0805 ; Strawberries (fresh) Egypt (EG) methods ( 7 ) Peppers (sweet and other than sweet) (Capsicum spp.) (Food fresh, chilled or frozen) ; ex ; ; ex Egypt (EG) methods ( 8 ) Betel leaves (Piper betle L.) ex India (IN) Salmonella ( 9 ) Capsicum annuum, whole India (IN) Aflatoxins Capsicum annuum, crushed or ground Dried fruit of the genus Capsicum, whole, other than sweet peppers (Capsicum annuum) Nutmeg (Myristica fragrans) ex ; (Food dried spices) Enzymes;prepared enzymes () 3507 India (IN) Chloramphenicol 50 Nutmeg (Myristica fragrans) (Food dried spices) ; Indonesia (ID) Aflatoxins

5 L 190/59 Peas with pods (unshelled) ex Kenya (KE) Beans with pods (unshelled) ex methods ( ) (Food fresh or chilled) Mint (Food fresh or chilled herb) ex Morocco (MA) methods ( 11 ) Dried beans Nigeria (NG) methods ( 12 ) 50 Table grapes (Food fresh) 0806 Peru (PE) Pesticide residues ( 13 ) Watermelon (Egusi, Citrullus lanatus) seeds and derived products ex ; ex ; ex Sierra Leone (SL) Aflatoxins 50 Groundnuts (peanuts), in shell Sudan (SD) Aflatoxins 50 Groundnuts (peanuts), shelled Peanut butter Groundnuts (peanuts), otherwise prepared or preserved ; ; () Peppers (other than sweet) (Capsicum spp.) (Food fresh or chilled) ex Thailand (TH) methods ( 14 ) Betel leaves (Piper betle L.) ex Thailand (TH) Salmonella ( 9 )

6 L 190/ Coriander leaves ex Thailand (TH) Salmonella ( 9 ) Basil (holy, sweet) ex Mint ex (Food fresh or chilled herbs) Coriander leaves ex Thailand (TH) Basil (holy, sweet) ex (Food fresh or chilled herbs) methods ( 15 ) Yardlong beans (Vigna unguiculata spp. sesquipedalis) ex ; ex Aubergines ; ex Thailand (TH) methods ( 15 ) (Food fresh, chilled or frozen vegetables) Dried apricots Turkey (TR) Sulphites ( 16 ) Sweet Peppers (Capsicum annuum) (Food fresh, chilled or frozen vegetables) Turkey (TR) methods ( 17 ) Vine leaves ex ; 19 Turkey (TR) methods ( 18 ) Dried grapes (vine fruit) 0806 Uzbekistan (UZ) Ochratoxin A 50 Coriander leaves ex Vietnam (VN) Basil (holy, sweet) ex Mint ex methods ( 19 ) Parsley ex (Food fresh or chilled herbs)

7 L 190/61 Okra ex Vietnam (VN) Peppers (other than sweet) (Capsicum spp.) ex methods ( 19 ) (Food fresh or chilled) ( 1 ) Where only certain products under any CN code are required to be examined and no specific under that code exists, the CN code is marked ex. ( 2 ) Species of Brassica oleracea L. convar. Botrytis (L) Alef var.italica Plenck, cultivar alboglabra. Also known as Kai Lan, Gai Lan, Gailan, Kailan, Chinese bare Jielan. ( 3 ) In particular, residues of: Chlorfenapyr, Fipronil (sum fipronil + sulfone metabolite (MB46136) expressed as fipronil), Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Acetamiprid, Dimethomorph and Propiconazole. ( 4 ) In particular, residues of: Triazophos, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Parathion-methyl (sum of Parathionmethyl and paraoxon-methyl expressed as Parathion-methyl), Phenthoate, Methidathion. ( 5 ) In particular, residues of: Buprofezin; Imidacloprid; Fenvalerate and Esfenvalerate (Sum of RS & SR isomers); Profenofos; Trifluralin; Triazophos; Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)). ( 6 ) In particular, residues of: Amitraz (amitraz including the metabolites containing the 2,4-dimethylaniline moiety expressed as amitraz), Acephate, Aldicarb (sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb), Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Chlorfenapyr, Chlorpyrifos, Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Diafenthiuron, Diazinon, Dichlorvos, Dicofol (sum of p, p and o,p isomers), Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Endosulfan (sum of alpha- and beta-isomers and endosulfan-sulphate expresses as endosulfan), Fenamidone, Imidacloprid, Malathion (sum of malathion and malaoxon expressed as malathion), Methamidophos, Methiocarb (sum of methiocarb and methiocarb sulfoxide and sulfone, expressed as methiocarb), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Monocrotophos, Oxamyl, Profenofos, Propiconazole, Thiabendazole, Thiacloprid. ( 7 ) In particular, residues of: Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Cyfluthrin (cyfluthrin including other mixtures of constituent isomers (sum of isomers)) Cyprodinil, Diazinon, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Ethion, Fenitrothion, Fenpropathrin, Fludioxonil, Hexaflumuron, Lambda-cyhalothrin, Methiocarb (sum of methiocarb and methiocarb sulfoxide and sulfone, expressed as methiocarb), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Oxamyl, Phenthoate, Thiophanate-methyl. ( 8 ) In particular, residues of: Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Chlorpyrifos, Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)), Cyproconazole, Dicofol (sum of p, p and o,p isomers), Difenoconazole, Dinotefuran, Ethion, Flusilazole, Folpet, Prochloraz (sum of prochloraz and its metabolites containing the 2,4,6-Trichlorophenol moiety expressed as prochloraz), Profenofos, Propiconazole, Thiophanate-methyl and Triforine. ( 9 ) Reference method /ISO 6579 or a method validated against it as referred to in Article 5 of Commission Regulation (EC) No 73/05 (OJ L 338, , p. 1). ( ) In particular, residues of: Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Chlorpyrifos, Acephate, Methamidophos, Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Diafenthiuron, Indoxacarb as sum of the isomers S and R. ( 11 ) In particular, residues of: Chlorpyrifos, Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)), Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Endosulfan (sum of alpha- and beta-isomers and endosulfan-sulphate expresses as endosulfan), Hexaconazole, Parathion-methyl (sum of Parathion-methyl and paraoxon-methyl expressed as Parathion-methyl), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Flutriafol, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Flubendiamide, Myclobutanyl, Malathion (sum of malathion and malaoxon expressed as malathion). ( 12 ) In particular, residues of Dichlorvos. ( 13 ) In particular, residues of Diniconazole, Ethephon and Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl). ( 14 ) In particular, residues of: Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Triazophos, Malathion (sum of malathion and malaoxon expressed as malathion), Profenofos, Prothiofos, Ethion, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Triforine, Procymidone, Formetanate: Sum of formetanate and its salts expressed as formetanate (hydrochloride).

8 L 190/ ( 15 ) In particular, residues of: Acephate, Carbaryl, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Chlorpyrifos, Chlorpyrifos-methyl, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Ethion, Malathion (sum of malathion and malaoxon expressed as malathion), Metalaxyl and metalaxyl- M (metalaxyl including other mixtures of constituent isomers including metalaxyl-m (sum of isomers)), Methamidophos, Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Monocrotophos, Profenofos, Prothiofos, Quinalphos, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Triazophos, Dicrotophos, EPN, Triforine. ( 16 ) Reference methods: :1998, :1998 or ISO 5522:1981. ( 17 ) In particular, residues of: Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Oxamyl, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Clofentezine, Diafenthiuron, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Formetanate: Sum of formetanate and its salts expressed as formetanate(hydrochloride), Malathion (sum of malathion and malaoxon expressed as malathion), Procymidone, Tetradifon, Thiophanate-methyl. ( 18 ) In particular, residues of: Azoxystrobin, Boscalid, Chlorpyrifos, Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Endosulfan (sum of alpha- and beta-isomers and endosulfan-sulphate expresses as endosulfan), Kresoxim-methyl, Lambda-cyhalothrin, Metalaxyl and metalaxyl-m (metalaxyl including other mixtures of constituent isomers including metalaxyl-m (sum of isomers)), Methoxyfenozide, Metrafenone, Myclobutanil, Penconazole, Pyraclostrobin, Pyrimethanil, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Trifloxystrobin. ( 19 ) In particular, residues of: Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Chlorpyrifos, Profenofos, Permethrin (sum of isomers), Hexaconazole, Difenoconazole, Propiconazole, Fipronil (sum fipronil + sulfone metabolite (MB46136) expressed as fipronil), Propargite, Flusilazole, Phenthoate, Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Quinalphos, Pencycuron, Methidathion, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Fenbuconazole.